questions & answers

Question: I’m 6 months pregnant me and the father are not married and don’t even talk. We were not even together when I got pregnant. He’s not there and he’s not fit to be a father how can I get sole custody when my baby is born? Can I leave his name out of the birth certificate or will he still be able to have rights once my baby is born? He doesn’t know my due date and won’t be there for when I give birth so he will not be signing the birth certificate. Is there any way I can assure he can’t come and try to take my baby? How can I file for sole custody? Would he need to sign over his rights?

Answer: If the father is not going to be present to acknowledge paternity during the birth process, he has a right to file a court action to establish paternity, now or at a later date.  Arizona Revised Statutes, Sections 25-803 and 25-804 create a process for him to establish paternity through the courts.  If he is not present and not listed as the father on the birth certificate, he has no parental rights until paternity is established.  For more information and advice, you may want to consider talking with an attorney.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  If you are qualified for the program, for a $75 fee, Modest Means  will arrange a one hour consult with an experienced attorney.  The telephone number is (866)637-5341.  Both the Maricopa and Pima County Bar Associations have lawyer referral programs that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lwyer Referral Service offers a 30 minute consult for a fee of $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultutation for a fee of $35.  The telephone number is (520) 623-4625.